NCJ Number
5113
Journal
Southern California Law Review Volume: 45 Issue: 1 Dated: (WINTER 1972) Pages: 168-226
Date Published
1972
Length
59 pages
Annotation
A REVIEW OF THE COMMON LAW AND CONTEMPORARY RIGHT OF A JURY TO RETURN A VERDICT OF NOT GUILTY DESPITE THE PROSECUTION'S PROOF OF GUILT BEYOND A REASONABLE DOUBT.
Abstract
ALTHOUGH THE PRINCIPLE OF JURY NULLIFICATION IS NOT UNIFORMLY RECOGNIZED IN STATE AND FEDERAL COURTS, IT IS RECEIVING ATTENTION IN THIS AGE OF POLITICAL TRIALS. MANY PEOPLE HAVE SUGGESTED THAT JURY NULLIFICATION IS VIOLATIVE OF THE RULE OF LAW. THEIR ARGUMENTS INCLUDE THE ASSERTION THAT UNLESS JURY DELIBERATIONS ARE GOVERNED BY RULES OF LAW, WE WILL HAVE A GOVERNMENT OF MEN AND NOT OF LAW AND THAT IF THE JURY IS FREE TO DISREGARD THE JUDGES' INSTRUCTIONS THEN EACH MAN IS FREE TO CHOOSE WHICH LAWS HE WILL AND WILL NOT OBEY. IN ADDITION IT IS ARGUED THAT IF THE JURY CAN DISREGARD THE JUDGE BY ACQUITING IN DEFIANCE OF THE LAW, WHY CAN IT NOT ALSO CONVICT IN DEFIANCE OF THE LAW. ALL OF THE ABOVE ARGUMENTS ARE DEFECTIVE, THE AUTHOR ARGUES, IN THAT THE BASIC FUNCTION OF THE JURY IS TO ALLOW THE COMMUNITY TO SAY OF A PARTICULAR LAW THAT IT IS TOO OPPRESSIVE OR OF A PARTICULAR PROSECUTION THAT IT IS TOO PUNITIVE OR OF A PARTICULAR DEFENDANT THAT HIS CONDUCT IS TOO JUSTIFIED FOR A CRIMINAL SANCTION TO BE IMPOSED.